795.23. Penalties.
   (a)   Whoever violated Section 795.21 of the Municipal Code shall be guilty of a minor misdemeanor.
   (b)   No person or business entity shall be awarded a contract with the City of Toledo if that person or business entity has ever been convicted of a violation of Section 795.21.
   (c)   Private Right of Action.
      (1)   Notwithstanding the provisions of Section 795.20 through 795.23, any individual who becomes obligated on a loan may bring an action for damages and/or equitable relief in a court of competent jurisdiction against any lender who violated Section 795.21. Judgment shall be entered for actual damages, but in no case less than the amount of home equity the individual has lost as a result of the loan, as determined by the court, rescission of the loan, in accordance with the rescission provisions of the federal Truth in Lending Act, reasonable attorneys fees and court costs.
      (2)   Nothing in Section 795.21 limits the rights of the injured person to recover damages or seek equitable relief under any other applicable laws or legal theory.
(Ord. 291-02. Passed 11-5-02.)
(Effective date: February 3, 2003.)